The High Court of India has dismissed a petition filed by a 46-year-old man accused of raping his minor daughter, ruling that the legal process must not be misused to harass victims or subject them to “secondary victimisation.”
The accused had sought to recall the child survivor and other family members for further cross-examination as part of the ongoing trial. However, the court declined the request, observing that repeated questioning could cause additional trauma to the victim.
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In its remarks, the High Court emphasised that judicial procedures should not be turned into tools for intimidation or harassment, particularly in sensitive cases involving child survivors. It underlined that allowing such pleas could prolong distress and undermine the dignity of victims.
The court further noted that safeguarding the mental and emotional well-being of survivors is paramount, especially in cases of sexual offences involving minors, and that the justice system must ensure protection against any form of re-traumatisation during trial proceedings.
